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of achievement on the obama administration and ends up accepting argument at time it was red called. the theory that the penalty people pay if they choose not to follow the mandate is a tax, and falls in the government's taxes power. this argument, of course, was in great -- with the fact that obama administration and congress had disclaimed there was anything about the law that was a tax. >> when you went in to the argument, and thought about the case, you mentioned you were conscious about where you thought your stronger and weaker points were. how vulnerability did you think you were on that. >> can imagine almost anything. but that was not something that was keeping me up at night. and you just, you know, as a lawyer you got to be practical about this. and, you know, you look at, by the way, by the time we got to the supreme court we had a lot of models for opinions that, you know, upheld the law and a lot of models for opinions that struck the law down. and the overwheeling them was, you know, even the judges that july held the law didn't think much of the taxes argument, anne, you know, h
obama recently declined to defend and the administration is enforcing it. the house has created the bipartisan legal advisory group. and the fans these laws since the administration abdicated its role in defending them and paul clement in that task. there are several cases all of which have petitions to decide. the first one and probably the front runner is a combination case, personnel management and the department of health and human services. it came out of massachusetts. two cases have been combined and they argue the equal protection clause violates section 3 of the defense of marriage act because the defense of marriage act violates the equal protection clause because there is no rational basis for this or it doesn't pass strict scrutiny. the idea of which level of scrutiny must pass has been questioned so we're happy to argue both. elena kagan was involved at the district court level during confirmation hearings that came out and questions her office had been involved in doing internal discussions of strategies in the case so she would be recused from that case and that p
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